100% legal but reported for section 59
Discussion
For those of you that don't know 'section 59' is the law the use for antisocial behavior in vehicles, such as meets in car parks to do burnouts etc.
We were out on some byways near Stevenage when a couple of Land rovers were stopped by a copper on a quad bike for causing distress to a farmer.
The farmer wants the byway closed and by saying it causes him distress, the law can issue a section 59, get stopped again for anything and I'm told they can confiscate your motor.
We were out on some byways near Stevenage when a couple of Land rovers were stopped by a copper on a quad bike for causing distress to a farmer.
The farmer wants the byway closed and by saying it causes him distress, the law can issue a section 59, get stopped again for anything and I'm told they can confiscate your motor.
tight fart said:
For those of you that don't know 'section 59' is the law the use for antisocial behavior in vehicles, such as meets in car parks to do burnouts etc.
We were out on some byways near Stevenage when a couple of Land rovers were stopped by a copper on a quad bike for causing distress to a farmer.
The farmer wants the byway closed and by saying it causes him distress, the law can issue a section 59, get stopped again for anything and I'm told they can confiscate your motor.
In what way were they apparently "causing stress"We were out on some byways near Stevenage when a couple of Land rovers were stopped by a copper on a quad bike for causing distress to a farmer.
The farmer wants the byway closed and by saying it causes him distress, the law can issue a section 59, get stopped again for anything and I'm told they can confiscate your motor.
No the law cant just issue a section 59 (well not if they act correctly but that dosent stop the odd rouge copper !!!
To get a section 59 you have to fill 2 criteria
Firstly section 3 of the RTA (careless driving) or section 34 (driving other than a road)
only if you break one off the above can it be added to the "cause alarm and distress" to issue a 59
If they were driving in a normal manner on a byway then it wasn't correctly issued
There is no right of appeal once its correctly issued but if there have been mistakes down to police station and point the fault out to the desk sargent and work from there-don't let it drop and the paperwork will be thrown in the bin before its gone through the system
Best one was a friend who was given a 59 while sitting on a bank eating a sandwich while having a break on a motorbike trip
To get a section 59 you have to fill 2 criteria
Firstly section 3 of the RTA (careless driving) or section 34 (driving other than a road)
only if you break one off the above can it be added to the "cause alarm and distress" to issue a 59
If they were driving in a normal manner on a byway then it wasn't correctly issued
There is no right of appeal once its correctly issued but if there have been mistakes down to police station and point the fault out to the desk sargent and work from there-don't let it drop and the paperwork will be thrown in the bin before its gone through the system
Best one was a friend who was given a 59 while sitting on a bank eating a sandwich while having a break on a motorbike trip
f1rob is spot on.
A section 59 can only be used for aggravating behaviour after one of those endorsable offences.
You also must be issued with the paper work for it to hold. In my experience the Police use them to 'scare off' people from using legal byways. In my case I received a section 34 (driving other than on a road) for taking an abatement around illegal obstuction(locked gate) and threatened with a section 59. I challenged the S.34 fixed penalty and had that ticket throw out by the magistrate. The important thing to understand is legally the section 59 is a warning, and must be issued and filed correctly twice to have any risk of confiscation. The best (only) way to over turn a section 59 file is to be cleared of the underlying offence.
You should complain to the professional standards department of your local police force on the grounds of abuse of process.
A section 59 can only be used for aggravating behaviour after one of those endorsable offences.
You also must be issued with the paper work for it to hold. In my experience the Police use them to 'scare off' people from using legal byways. In my case I received a section 34 (driving other than on a road) for taking an abatement around illegal obstuction(locked gate) and threatened with a section 59. I challenged the S.34 fixed penalty and had that ticket throw out by the magistrate. The important thing to understand is legally the section 59 is a warning, and must be issued and filed correctly twice to have any risk of confiscation. The best (only) way to over turn a section 59 file is to be cleared of the underlying offence.
You should complain to the professional standards department of your local police force on the grounds of abuse of process.
Edited by Martin4x4 on Thursday 31st October 21:12
tight fart said:
For those of you that don't know 'section 59' is the law the use for antisocial behavior in vehicles, such as meets in car parks to do burnouts etc.
We were out on some byways near Stevenage when a couple of Land rovers were stopped by a copper on a quad bike for causing distress to a farmer.
The farmer wants the byway closed and by saying it causes him distress, the law can issue a section 59, get stopped again for anything and I'm told they can confiscate your motor.
Y'know, there's a hellish irony to a farmer complaining about Land Rovers driving across a field. We were out on some byways near Stevenage when a couple of Land rovers were stopped by a copper on a quad bike for causing distress to a farmer.
The farmer wants the byway closed and by saying it causes him distress, the law can issue a section 59, get stopped again for anything and I'm told they can confiscate your motor.
J
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